Montebello Municipal Code Ch. 10.52 Interstate Trucks

The purpose of this chapter is to establish procedures for terminal and/or truck yard designation and truck route designations to terminals or truck yards for interstate trucks operated on a federally designated highway system and to promote the general health, safety and welfare of the public.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.20 (part))

Any interested person requiring terminal or truck yard access for interstate trucks from the federally designated highway system shall submit an application, on a form provided by the city, together with such information as may be required by the director of public works and appropriate fees of the city. No such application shall be accepted unless a conditional use permit for a truck terminal or truck yard has been issued for the applicant's facility, if required under Title 17 of this code. However, the director of public works may elect to accept an application for filing when the applicant concurrently files an application for a conditional use permit with the planning division.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.20 (part))

A. Upon receipt of an application, the director of public works will cause an investigation to be made to ascertain whether or not the proposed terminal or truck yard facility meets the requirements for an interstate truck terminal. Upon approval of that designation, the director of public works will then determine the capability of the route requested and alternate routes, whether requested or not. Determination or route capability will include, without limitation, a review of the adequacy of turning radii and lane widths of ramps, intersections, highways and general traffic conditions such as site distance, speed, and traffic volumes. No access from a federally designated highway system will be approved without the concurrent approval of Caltrans.

B. Should the requested route pass through the city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process, if any. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided below.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.20 (part))

The applicant shall pay a nonrefundable application fee, as established by resolution, sufficient to pay the costs of the review of the terminal designation and the review of the route and alternate route.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.21 (part))

Upon the approval of the terminal designation and route by the city and by Caltrans, the applicant shall deposit with the city sufficient funds as estimated by the director of public works to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point along any route established by the city. Upon completion of the installation of signs, the actual costs shall be computed and any difference between the actual and the estimated costs shall be billed or refunded to the applicant, whichever the case may be. No terminal or truck yard or route may be used until such signs as may be required are in place. Costs for trailblazer signs may be apportioned in accordance with the procedure provided below.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.21 (part))

A. If all feasible routes to a requested terminal or truck yard are found unsatisfactory by the director of public works, the applicant may request retrofitting of the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be performed by the city or by a contractor acceptable to it, and in all cases involving work on public property such work shall be subject to the competitive bidding requirements for public work projects established by state law.

B. When the work is to be done by the city, the applicant shall deposit with the city the estimated cost of retrofitting. Adjustments between the estimated and actual costs shall be made after completion of the work, and any difference between the actual and the estimated costs shall be billed or refunded to the applicant, as the case may be. When the work is to be done by the applicant, the applicant may file with the director of public works a statement detailing the actual cost of the retrofitting.

C. If at any time within five years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal truck yard approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee shall include that applicant's proportionate share of the retrofitting, as determined by the director of public works, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any other applicant who contributed to the costs of retrofitting under this section. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the director of public works required under subsection B of this section.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.22)

The city traffic engineer may revoke any approved terminal, truck yard or route if the terminal, truck yard or route becomes a traffic hazard. A traffic hazard shall include, but not be limited to, the inability of interstate trucks to negotiate the route in a safe an acceptable manner, or when interstate trucks cause there to be an unsafe driving condition for other vehicular traffic or pedestrians.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.23)

If the director of public works denies a terminal or truck yard designation, route feasibility, or revokes a previously approved terminal, truck yard or route, the applicant and/or terminal truck yard owner, within ten days following the date of receipt of the decision of the director of public works, may appeal it to the city council in writing. The appeal shall be made on a form provided by the director of public works and shall be filed with the city clerk. The appeal shall contain a statement of facts indicating the applicant's contentions. Within five days after the filing of the appeal, the city traffic engineer shall transmit to the city clerk the terminal application, sketches of the proposed route, and all other data and reports pertinent to the matter. Copies of such material shall be made available to the applicant upon request.

B. The city clerk shall cause the matter to be placed on the city council's agenda not later than thirty days after the filing of the appeal. Notice of the time and place of the hearing shall be provided to the applicant and to any other interested party who has requested such notice.

C. If Caltrans and not the director of public works denies or revokes access to or from a federally designated highway, there shall be no right of appeal to the city council. In such case, the applicant shall be advised to pursue such administrative remedies as Caltrans may provide.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.24)